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HTMLOSHA Moves to Enforce Workplace Violence Incidents in Healthcare
Nickole C. Winnett; Jackson Lewis P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 5, 2015
The Occupational Safety and Health Administration’s efforts to address workplace violence in the healthcare industry have received a boost from a recent administrative law judge’s decision affirming OSHA citations following an employee’s death at work and, in another case, from an...

 

HTMLMSHA Launches Two New Safety and Health Initiatives
Henry Chajet; Jackson Lewis P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 5, 2015
The Mine Safety and Health Administration has introduced a pair of initiatives, one in response to a recent increase in fatalities in the metal/nonmetal (M/NM) sector of mining, and the other following a report by an agency watchdog, which concluded MSHA could do more to address alleged...

 

HTMLMaryland’s Montgomery County Enacts First Paid Sick and Safe Leave Law in State
Donna M. Glover, Emmett F. McGee; Jackson Lewis P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 3, 2015
Montgomery County is the first county in Maryland to enact a paid sick and safe leave law. The Earned Sick and Safe Leave Law (“the Law”) requires employers operating and doing business in Montgomery County, that employ one or more employees, to provide paid sick and safe leave to their...

 

HTMLCalifornia Supreme Court: Federal Arbitration Act Preempts Plaintiff’s State Rights
Conor J. Dale, Sherry L. Swieca; Jackson Lewis P.C.;
Legal Alert/Article
August 7, 2015, previously published on August 4, 2015
An arbitration clause in a consumer agreement was enforceable, including the class action waiver, despite four supposedly one-sided arbitration provisions in the agreement, the California Supreme Court has held. Sanchez v. Valencia Holding Co., LLC, No. S199119 (Aug. 3, 2015). The much-anticipated...

 

HTMLNLRB Doubles Down In Curbing Secrecy of Employer Investigations
Howard M. Bloom, Roger S. Kaplan, Robert L. Murphy, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
August 7, 2015, previously published on July 30, 2015
In a case with potentially far-reaching implications, the National Labor Relations Board has issued a decision invalidating a confidentiality policy similar to that applied by many employers during workplace investigations. Banner Health System d/b/a Banner Estrella Medical Center, 362 NLRB No. 137...

 

HTMLBill in Congress Would Allow Employees to Request Changes to Schedules
Garen E. Dodge, Punam Sarad; Jackson Lewis P.C.;
Legal Alert/Article
August 5, 2015, previously published on July 24, 2015
A bill introduced in the U.S. Senate would require employers to consider their employees’ requests for changes to their work schedules and to provide more predictable and stable schedules for employees in certain occupations with evidence of unpredictable and unstable scheduling practices....

 

HTMLWashington High Court: Piece Rate Compensation Alone Does Not Satisfy Rest Break Pay Requirement
Karen P. Kruse; Jackson Lewis P.C.;
Legal Alert/Article
August 5, 2015, previously published on July 23, 2015
The Washington Supreme Court has ruled that employers must provide agricultural piece rate workers with extra compensation for their rest periods, rejecting the employer’s argument that its piece rate already included compensation for the required rest periods. Demetrio v. Sakuma Bros. Farms,...

 

HTMLConnecticut Adds Significant Data Security Mandates for State Contractors, Certain Health Insurance Industry Businesses
Joseph J. Lazzarotti, Jeffrey M. Schlossberg; Jackson Lewis P.C.;
Legal Alert/Article
August 5, 2015, previously published on July 23, 2015
Connecticut has amended its breach notification statute to require that covered businesses provide one year of identity theft protection services to persons affected by certain breaches of their personal information.

 

HTMLCiting ‘Questionable Practices,’ Judge Raises Coal Contractor’s Fine
Donna Vetrano Pryor; Jackson Lewis P.C.;
Legal Alert/Article
August 3, 2015, previously published on July 28, 2015
An administrative law judge for the Federal Mine Safety and Health Commission raised a proposed fine against a West Virginia trucking company by nearly $10,000 after questioning the credibility of a company supervisor and its mechanic and determining the firm had either misplaced or destroyed...

 

HTMLIn Shift, Labor Board Requires Employers to Witness Statements
Howard M. Bloom, Chad P. Richter, Philip B. Rosen; Jackson Lewis P.C.;
Legal Alert/Article
August 3, 2015, previously published on July 27, 2015
Overturning a 37-year-old precedent, the National Labor Relations Board has decided that witness statements obtained by an employer during an investigation of employee misconduct and requested by a union representative no longer will enjoy special protection from disclosure. American Baptist Homes...

 


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